Significant Victories

Navistar, Inc. v. Affiliated FM Insurance Company, et al.

State Court, Chicago, Illinois.  In a long-tail, multi-million dollar asbestos coverage litigation, Ed Ruberry and James Berdelle were instrumental in securing the dismissal of the policyholder's claims against certain reinsurers.  The court agreed that the policyholder had no rights against the reinsurers, absent special circumstances that were not present. 

Pillsbury v. International Paper

Federal Court, Houston, Texas. Ed Ruberry represented Pillsbury against 15 defendants in a price-fixing conspiracy case. After a six-month jury trial, Mr. Ruberry obtained a verdict in favor of Pillsbury, with his clients receiving over $8 million from the litigation.

TIG v. Phelps Dunbar

Tampa, Florida. Ed Ruberry and Sarah Lopez successfully obtained a $6.2 million verdict in a Florida arbitration proceeding on behalf of our client, the underlying insurer. The suit involved a legal malpractice action against underlying defense counsel for its failure to adequately defend the insured in the underlying action.

Wells Fargo v. Zurich

State Court, New York. Ed Ruberry and Sarah Lopez tried an environmental coverage case to verdict in the New York Supreme Court wherein we represented Kemper regarding an environmental policy purchased as additional security on a loan tied to a number of Florida gas stations. The plaintiffs claimed damages of $12-15 million. Mr. Ruberry obtained a verdict of zero damages after the plaintiffs turned down $960,000. The case was recently affirmed on appeal.

Will v. Comprehensive Accounting

Federal Court, Chicago, Illinois. Ed Ruberry represented numerous franchises in a case against Comprehensive Accounting involving claims of group boycott, tie-in and breach of contract clause. After a lengthy trial, the jury returned a verdict for millions of dollars in favor of numerous franchises.

Johnson v. City of New Orleans

State Court, New Orleans, Louisiana. Ed Ruberry defended a class action brought against the City of New Orleans by the residents of the Agricultural Landfill Project wherein the plaintiffs sought tens of millions of dollars for property damage and bodily injury. The plaintiffs alleged that the exposure to environmental conditions at the site caused these catastrophic losses. After a lengthy trial on class certification, we were able to settle the case for a reasonable amount.

CSX Transportation v. Admiral

State Court, Jacksonville, Florida. CSX brought a suit to obtain coverage against a number of carriers to recover tens of millions of dollars that it had expended to remediate environmental problems at numerous railroad yards throughout the country, and to obtain reimbursement for settlement of a number of cases involving exposure to chemicals and other toxic materials. After a month long trial, the client did not have to pay a verdict based upon Ed Ruberry's damage allocation theory.

In re: Securities Litigation

Chicago, Illinois. Ed Ruberry obtained a $15 million settlement in a securities case against a national brokerage firm and for malpractice against a national accounting firm. The case is under a protective order.

Sargent and Lundy v. ISLIC

State Court, Chicago, Illinois. Ed Ruberry represented a Crum & Forster entity in the longest insurance coverage trial in the history of Cook County. The case involved nuclear power plants in Ohio, Kentucky and Illinois, and required 161 trial days over the course of five years to complete. The plaintiff sought over $100 million in damages. The case is under a protective order.

Federal v. EPS

Chicago, Illinois. Ed Ruberry obtained a $2.8 million dollar verdict on behalf of a law firm against a client in a fee dispute case. He also obtained a defense verdict as to the multi-million dollar counter claim in which the client sought fees they had already paid.

International Insurance Company v. Employer's Casualty

Federal Court, Huntsville, Alabama. Ed Ruberry tried a case on behalf of Westchester, an excess carrier, against a primary carrier for failure to settle within policy limits. After a one-month trial, the jury returned a verdict on behalf of Westchester for $900,000, the maximum amount that could be awarded under the contract.

Continental Western Ins. Co. v. Foxfire Townhomes Owners Association Inc.

Polk County, Iowa, and Iowa Court of Appeals. Ed Ruberry represented Continental Western at trial and successfully convinced the court that liability insurance did not provide coverage for repair and replacement costs associated with allegedly defective roof work claims. The court held that defective construction work alone does not constitute an "occurrence" causing "property damage" under Continental's GL policy. The Iowa Court of Appeals affirmed and further review was denied.

Estate of Floyd Hornback v. River Valley Coatings, Inc.

State Court, Geneva, Illinois.  Plaintiff worked in a manufacturing plant where significant painting occurred.  Plaintiff's Estate alleged that decedent, Floyd Hornback, contracted leukemia and died as a result of that disease because he was exposed to Benzene contained in the paints and solvents supplied by the defendant to the decedent's employer.  Mr. Stalmack obtained a defense verdict in favor of the defendant, River Valley Coatings, Inc.

Estate of Carl Longnecker v. Sirish Parvathaneni, M.D.

State Court, Chicago, Illinois.  Plaintiff underwent a heart transplant surgery and never regained consciousness after surgery and died three days later.  Plaintiff was a retired Engineer who was survived by a wife and three adult children.  Mr. Stalmack obtained a defense verdict in favor of the heart transplant surgeon.

Willie Mayberry, Jr. a minor v. Chicago Housing Authority

State Court, Chicago, Illinois.  The plaintiff, who was three years old at the time, ate paint chips, which allegedly contained lead, form a building owned by the Chicago Housing Authority that resulted in severe mental retardation.  Mr. Stalmack obtained a defense verdict in favor of the Chicago Housing Authority.

Norma J. O'Connor v. John A. Larocco and Arlington Trucking Company

State Court, Chicago, Illinois.  The car driven by Norma J. O'Connor was rear-ended by a semi-truck driven by defendant, John A. Larocco.  The plaintiff alleged that she had sever traumatic epilepsy resulting from the rear-end collision.  The plaintiff asked the jury to return a verdict in excess of $500,000.  Mr. Stalmack was able to obtain a favorable verdict of $3,000 that was reduced after a 30% reduction from $5,000.

Robert Schultz v. Norton Company

State Court, Chicago, Illinois.  The plaintiff lost his right dominant hand while operating a grinding machine made by the defendant.  Mr. Stalmack was able to obtain a defense verdict on behalf of the defendant, Norton Company.

 
photo by Rick Aguilar Studios

Representative Clients:

  • AmTrust
  • American Service Insurance
  • Ascension Health
  • Altas
  • AT&T
  • Bank of America
  • Baxter Healthcare
  • Burlington Insurance
  • Carl Warren
  • Castlepoint
  • Catlin, UK
  • Catlin, US
  • Church Of God
  • Clarity Group
  • CNA
  • Continental Western
  • Crum & Forster
  • DHR International
  • Globe Life
  • HCMM, Inc.
  • Hertz
  • Hub International
  • Hudson Insurance
  • Illinois-Lincoln, Inc.
  • ISMIE
  • Kahuna Payment Solutions, Inc.
  • KAI
  • Kemper
  • Kingsway
  • Leopardo Construction
  • Liberty Mutual
  • Lincoln General
  • Lumbermens Mutual
  • Marc Realty
  • McDonald's Corporation
  • Mendakota
  • OneBeacon
  • Osprey Capital
  • Permapipe
  • Pro. Is.
  • ProAssurance
  • Resolute Midwest
  • Scottsdale Insurance
  • South Valley Claims, Inc.
  • St. Paul Insurance
  • Stilwell Group
  • SUA Specialty
  • Tawa
  • TIG
  • Tower Group Company
  • Trinity
  • UCC
  • Western Litigation